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Retail Fraud

Retail Fraud
Retail Fraud
Table of Contents

In Michigan, there are multiple criminal charges that a person can receive for theft in a store. One of these charges is called “Retail Fraud”, more commonly known as “Shoplifting” or “Petty Theft”. Retail Fraud is defined as removing, replacing, concealing, or misrepresenting the price of a good available for sale in any store open to the public.

According to the National Coalition of Law Enforcement and Retail, retailers lose a total of $45 billion each year due to retail-related crimes, which includes retail fraud. Most retail fraud situations happen in large chain stores such as Walmart, Meijer’s, Kohl’s, Kroger, or Target.

Fraud-based crimes such as Retail Fraud are frequently in the news, and prosecutors want to show the public that they are serious about cracking down on them. However, many people who commit retail fraud have never previously committed a crime. Often times, it is a lapse of judgment that leads to their arrest.

Some examples of retail fraud include:

  • Returning an item to a store for a refund that you did not get from that store;
  • Tampering with the price label;
  • Obstructing a self-checkout scanner;
  • Using multiple people to distract employees;
  • Moving a store’s items from one container to another;
  • Taking an item from a store without paying for it; and/or
  • Hiding an item with the intent to take it from a store without paying for it.


Retail fraud comes in three different “degrees” or levels of seriousness with 1st degree being the most serious and 3rd degree being the least. The degree is determined by two factors: the value of the items in question, and previous theft convictions.

The general penalties for Retail Fraud can be found in the chart below.

Type of Offense

Penalty

Michigan Law

3rd Degree Retail Fraud

  • The property has a value of $200 or less

Misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not more than $500 or 3 times the value of the property stolen, whichever is greater, or both.

MCL 750.356d

Subsection 4-5

2nd Degree Retail Fraud

  • The property has a value of $200 or more but less than $1,000

OR

  • There is a 3rd degree offense with a prior retail fraud conviction

Misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $2,000 or 3 times the value of the property stolen, whichever is greater, or both.

 

MCL 750.356d

Subsection 1-3

1st Degree Retail Fraud

  • The value of the property is $1000 or more

OR

  • There is a 2nd degree offense with a prior retail fraud conviction

Felony, punishable by imprisonment for not more than 5 years or a fine of not more than $10,000 or 3 times the value, whichever is greater, or both

MCL 750.356c

If you or someone you know is dealing with a charge related to leaving the scene of an accident, it is imperative that you seek legal representation from a lawyer familiar with this area of law. An experienced attorney can help you prepare your case and defenses, which may include store errors or defendant mistakes. Our skilled attorneys at La Grasso, Abdo & Silveri can help you prepare a defense and represent you in court. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.

If you would like to set up a consultation to discuss your case further, feel free to contact us or call (586) 413-7777 at your earliest convenience.  

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